Effective Date of this policy: October 2019
AXIALENT is strongly committed to respect and protect your privacy and the integrity of your data as well as to comply with the provisions of the European Union’s General Data Protection Regulation (GDPR), adopting all the necessary and reasonable technical and organizational security measures to protect said personal data.
Hereinafter, AXIALENT informs you of the following data in order to provide the data subject with complete, clear and accessible information:
- IDENTIFICATION OF THE DATA CONTROLLER OF YOUR DATA
AXIALENT USA LLC
Postal address: 33172
Phone contact: +1 305 377 9095
- PURPOSES OF DATA PROCESSING
- In regard to the European Union’s GDPR, AXIALENT collects and processes personal data to keep and manage the commercial and professional relationship already established or to be established with the data subject as well as to be able to contact him/her and respond to the inquiries and requests we may receive through this website. Finally, personal data may be collected for the timely delivery of information about the activities promoted by AXIALENT, which could interest the data subject, once his/her express consent has been collected for these purposes.
- PROVENANCE AND NATURE OF THE DATA
The personal data processed by AXIALENT is directly collected from the data subject, whose express consent has also been collected for this purpose. The data may also be collected and processed from the Contact Form on our website in order to respond to inquiries or questions of the users. The data collected from this website is the basic and necessary data of the user (name, email address, country and phone number). The data subject shall provide AXIALENT with truthful and up-to-date information that does not contain errors. For that purpose, the data subject shall communicate, as soon as possible, any modification and change that may occur to his/her personal information, to AXIALENT at the following email address: firstname.lastname@example.org.
- PERIODS OF DATA STORAGE
The personal data provided shall be stored and kept as long as the relationship with the entity is maintained, or until the data subject’s request for information has been resolved, and as long as the data subject does not request its deletion. AXIALENT also informs that the data will be kept and stored for the strict necessary time to comply with the purpose for which it was collected, and the data shall remain stored for the attention of judicial, administrative or fiscal claims during the terms that are applicable in accordance with the legislation in force. However, AXIALENT informs that it may keep your data beyond the deadlines set above if (i) you expressly consent to it, (ii) if they have to protect the rights of another person, (iii) if there is a public interest reason and (iv) in the case of legal claims.
- LEGITIMACY OF THE DATA PROCESS
With regard to the European Union’s GDPR, the legitimacy of the data process carried out by AXIALENT lies in the legitimate interest of AXIALENT to attend to requests that have been sent by the data subject to maintain the existing contractual relationship with the data subject for the provision of the requested service, even though this service is free of charge, and to perform the correct execution of the service provision. The legitimacy of the data process carried out by AXIALENT also lies in the consent given by the data subject when contacting us.
- DATA RECIPIENTS (I): INTERNATIONAL DATA TRANSFERS
GDPR determines that data transfers to a third country or to an international organization are allowed when the data controllers and processors meet GDPR conditions. The first condition is the case in which the European Commission provides an “adequate level of personal data protection” to the country recipient of the data. In the absence of an adequacy decision, however, transfers are also allowed under other circumstances such as using standard contractual clauses or binding corporate rules.
In the specific case of the United States, where AXIALENT’s Data Controller is settled, the Commission recognizes the adequate level of personal data protection if the entity has adhered to the “Privacy Shield.”
The United States Federal Trade Commission (FTC) is the enforcement authority with jurisdiction over this compliance with the Privacy Shield.
In accordance with the provisions of the United States Regulation on Data Protection and the requirements of the Privacy Shield, Axialent USA LLC does not disclose, sell, exchange, trade or deliver personal data to third parties except under one or more of the following circumstances:
- If it has the written authorization of the person to make the disclosure;
- If the disclosure is required by law or professional standards;
- If the disclosure is reasonably necessary for the establishment or defense of legal claims;
Pursuant to the Privacy Shield, Axialent USA LLC remains liable for the onward transfer of the European Union and Swiss personal data to third parties, acting as our agents unless we can prove we were not a party to the actions giving rise to the damages.
Axialent USA LLC is obliged to notify European Union and Swiss individuals whose data we are handling under the Privacy Shield that we may be compelled to share that data in response to lawful requests from public authorities including meeting national security and law enforcement requirements.
In accordance with GDPR requirements, Axialent USA LLC acknowledges the right of the data subjects to access their personal data pursuant to the Privacy Shield and to exercise their rights by contacting us at email@example.com. In compliance with the Privacy Shield Principles, AXIALENT commits to resolve complaints or inquiries about your privacy and our collection, use or process of your personal information transferred to the United States pursuant to the Privacy Shield.
In compliance with the provisions of Article 21 of Law 34/2002 on services of the information society and electronic commerce, if you do not wish to receive more information about our services, you can unsubscribe at the following email address: firstname.lastname@example.org by indicating in the subject line “Do not send emails.”
Axialent USA LLC has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
- DATA RECIPIENTS (II): DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
- Regarding the European Union’s GDPR, AXIALENT informs the data subject that we do not disclose your personal data to third parties unless there is a legal obligation to do so or it is strictly necessary to manage and maintain the commercial and professional relationship with the data subject. Data processors, that is, the service providers and business partners, may have access to personal data for the performance of their functions. Data processors that access personal data are mainly dedicated to the sectors of IT systems and technology. Please be aware that AXIALENT may also be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
- We inform you that you can request more detailed information regarding the recipients of your data by sending an email to email@example.com, indicating the specific process on whose recipients you wish to receive information.
- YOUR RIGHTS
AXIALENT informs data subjects protected by the GDPR that they have the following rights:
- To request access to your personal data.
- To request rectification or deletion.
- To request limitation of the treatment made to your personal data.
- To object to treatment.
- To data portability.
- To withdraw the consent that has been given, at any time.
- To file a claim with the appropriate Data Protection Authority.
To exercise the foregoing rights, the request may be made by electronic means by contacting Mr. Benjamín Gil at the following email address: firstname.lastname@example.org as well as by postal mail to the following address: 12 Gough Square, London, Greater London, EC4A 3DW, United Kingdom (GB), stating your identification data and the right you wish to exercise. If you do not wish to receive more information about our services, you can unsubscribe at the following email address: email@example.com, indicating in the subject line “Do not send emails.”
In the event that you consider your rights have been violated with regard to the protection of your personal data pursuant to GDPR, especially when you have not obtained satisfaction in the exercise of your rights, you can file a complaint with the competent Data Protection Control Authority through its website: https://www.aepd.es/ (for Spain) or http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm for other European Union countries.
AXIALENT guarantees the data subjects that the exercise of these rights will be free, except in those cases where requests are unfounded or excessive, especially for repetitive ones, in which case, the data controller may charge some fees to compensate the administrative costs of attending the request or to refuse to act. Said fees shall not imply an additional income for the data controller, but it shall effectively correspond with the real cost of processing the request.
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